KOYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE defacto complainant in Crime No.215/2009 at Kalady Police Station who is examined as PW1 in C.C.No.917/2004 of the Court of the Judicial First Class Magistrate, Perumbavoor is the appellant since he is aggrieved by the judgment dated 29.04.2009 of the said court, by which the learned Magistrate acquitted accused Nos.1 to 3 in the above case who faced the prosecution for the offences punishable under Section 324 and 34 I.P.C.

(2.) THE prosecution case is that due to the enmity of the accused Nos. 1 to 5 towards PW1 and with the intention to cause bodily injury to him, on 20.08.2009 at 10 p.m., the first accused hit on the left eye of PW1 with a piece of granite and yet to hit on the forehead with a stone. A3 also hit with the stone on the left shoulder bone and A5 fisted on the back and thus the accused has acquitted the above offences. On the basis of the above allegation Crime No.215/1999 was registered in Kalady Police Station and on completing the investigation, report was laid, based upon which cognizance was taken and instituted C.C.No.917/2004 in the court of Judicial First Class Magistrate Court, Perumbavoor. During the trial of the case PWs1 to 7 were examined and Exts.P1 to P4 were marked, no evidence either documentary or oral adduced from the side of the defence. Though originally there were 5 accused in the police report, as per the judgment impugned, the offence against A1 and A2 were compounded. Learned counsel for the appellant submitted that actually the offence against A4 and A5 were compounded and not with respect to A1 and A2. Finally after considering the evidence and materials of the court, the trial court found that the accused 3 in numbers, who faced the trial are not found guilty and accordingly they are acquitted under Section 248 (1) of Cr.P.C. It is the above finding and order of acquittal challenged in this appeal.

(3.) AT the outset it is to be noted that C.C.No.917/2004 was instituted in the trial court on the basis of the report filed by the police after investigation in Crime No.215/1999 of Kalady Police Station. But the State has not filed any appeal against the above order of acquittal. It is equally important to note that though originally there were 5 accused in the charge and also in the crime, during the pendency of the crime, the appellant herein who is the defacto complainant has compounded the offence, as submitted by the counsel against A4 and A5.